Respected Sir / Madam, I'm 21 years old girl and I’m living in uk . In oct I came to india for my bride seeing ceremony and my family fixed my marriage with a guy of 29yrs old who lives in uk. They said ok on this marriage and will finalize on February. But before that we had a sex and in that he says he is going to marry me so there is no issue of worrying. On 11th of Nov I had started bleeding very badly and I consulted to my nearby hospital in uk and they said I'm not pregnant but the symptoms and everything is related to abortion but it’s not like that , but after hearing that I assumed that I was pregnant and got abortion . I told him that I was pregnant and got abortion. Even the doctors says like I'm not but I used to interpret this and after 2 weeks the bleeding doesn’t stop I went to the nurse station and they said it’s due to the infection But consult a doctor asap but in between I went with my partner to his accommodation for X-mas celebration and due to heavy bleeding and pain again we went to the hospital and after doing all the check ups and they said I was not pregnant for 2 months and It is due to a hormonal change. Still I was worried because I can’t even sit properly in the bathroom and but wheb he asks me that I lied to him that I was pregnant and got abort and tries to says I makes him fool and he don’t need me anymore in his life. After losing everything now he says he don’t even need me even knowing ever His family says the same. What can I do to get justice for me Sir my family is afraid to file a case as they’re afraid that people will judge and the mens in family will kill them. What can I do sir
File case of rape against your fiancée for he had sex with you under promise of marriage
that he called off the engagement after having sex withy you
you can also file case of cheating against your fiancée and his family members under section 420 of IPC
You have no option but to file complaint which should be drafted carefully by a competent lawyer. There are several issues including jurisdiction is involved. No reason to get afraid. If any threat by boy or his family then also lodge separate police complaint.
- As per Section 90 of the IPC , When the accused gives promise to the victim to marry her, never had any intention to marry and the victim gave the consent for sexual intercourse on such an assurance by the accused that he would marry her, such a consent can be said to be a consent obtained on a misconception of fact and, in such a case, an offender can be said to have committed the rape as defined under Section 375 of IPC , and can be convicted for the offence under Section 376 of the IPC.
- Hence, the consent for physical relation obtained by the said guy giving false promise of marriage is amounts to rape, and a complaint can be filed by you against him
- There is no another way to force him for marriage except to file a complaint . However if he agrees for the marriage then the complaint can be withdrawn by you.
A promise of marry can be legally enforced. There need not by any written agreement, such promise can be inferred from conduct of parties like having sex. You can force him to marry and also damages but he is not worth marrying. He used you, instead of having compassion, he is avoiding you on flimsy grounds. Better to forget him. You can settle scores with him in future.
It is a case of cheating but the problem who cheated who?
If you had not lied him about the pregnancy, he would not have felt hurt neither it would have prompted him to abandon you.
However, it is not fair on his part to leave you or desert you after having relationship even though it was consensual especially when he assured to marry you,
This can be considered as rape for cheating you after having sex with you on the promise of marriage.
You may decide about lodging a criminal complaint with police about it and initiate proper legal action.
First lodge police complaint against him for cheating.
Its a clear case of rape on the pretext of marriage. You can lodge FIR agasint him. No need to afraid.
Dear cleint,
Sorry to hear about your situation. In this case you can file a case against him as having physical relationship on the basis of promising to marry a girl is an offence in India it is mentioned under Section 90 of Indian Penal Code. Section 90 says that A consent is not such a consent as it intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; or Consent of insane person.
Hope this helps you.
Though you have many remedies available still you are in a very weak wicket .
1.consesual sex by two adult is not an offence in India .Though you can take the plea that your consent was not free but influenced by promise to marriage
2.Though you presumed it was a natural way of abortion, it was not .Hence your statement to boy was factually in correct .
3.If you wish you can file police complaint but they too can' t do much legally
4.Your one rickless action led to multiple complections and mistrust in the mind of the boy though it may be un intentional .
Since boy lost confidence in you it is difficult to regain .I advice, forget about the incident and move on.
